Biden’s Last-Minute Pardons Under Federal Investigation

Outgoing acting U.S. Attorney for the District of Columbia Ed Martin said Tuesday the Department of Justice is reviewing several of former President Joe Biden’s final-hour pardons, vowing that his new office will scrutinize whether clemency was used “correctly” or politically.

Martin, whose nomination to the Washington, D.C., prosecutor post collapsed last week after key Senate Republicans pulled support, confirmed that President Donald Trump has reassigned him to two new high-profile roles: Director of the Office of the Pardon Attorney and head of the DOJ’s recently established Weaponization Working Group.

“I do think that the Biden pardons need some scrutiny,” Martin said at a press conference announcing the transition. “We want pardons to matter … to be accepted and to be something that’s used correctly. So I do think we’re going to take a hard look.”

Among the Biden pardons that have drawn sharp criticism from Republicans were the preemptive grants of clemency to former White House COVID-19 adviser Dr. Anthony Fauci, former Wyoming GOP Rep. Liz Cheney, and several members of the House Jan. 6 committee.

GOP lawmakers and Trump allies have railed against the moves as excessive and self-serving, with some accusing Biden of using the pardon power to insulate political allies from future investigations with a form of immunity.

Martin did not specify which pardons were under review, but his remarks suggest the Trump administration could challenge or investigate the legality of some of Biden’s final clemency decisions before leaving office in January. While presidential pardons are historically difficult, if not impossible, to reverse, Biden’s use of preemptive pardons for people not yet charged with crimes has raised new constitutional questions.

Martin’s tenure in the Washington, D.C., prosecutor’s office was brief and contentious. A former “Stop the Steal” organizer, Martin took office on Trump’s first day in January and quickly moved to reshape the department’s posture toward Jan. 6 defendants, overseeing internal shake-ups and launching a review of felony obstruction charges brought against Capitol riot participants. The Supreme Court struck down the Biden administration’s aggressive use of the obstruction charges.

At the same press conference, Martin also revealed that the FBI has recently reassigned agents to reexamine the unsolved Jan. 5, 2021, Capitol Hill pipe bomb case, an investigation that has remained largely stagnant for years. “There are fresh eyes on it,” he said, adding that he remains “optimistic” that the case can be solved.

Martin’s exit paves the way for longtime Trump ally and Fox News host Jeanine Pirro to become interim U.S. attorney for the District of Columbia.

Pirro, a former New York prosecutor and judge, is expected to be sworn in on Wednesday. Trump has not yet indicated whether he intends to nominate her for a permanent role.

Martin’s nomination had faltered after Sen. Thom Tillis (R-NC) publicly withdrew support, citing concerns over Martin’s embrace of Capitol riot defendants. Despite the setback, Trump has continued to elevate Martin to roles that signal an aggressive effort to overhaul the DOJ from within.